Abortion / Government Watch / Politics

Preemptive Strike on Supreme Court?

supreme-Court

Simmering down … is better than threatening “revolution.”

The Supreme Court is preemptively under fire, liberal non-lawyers in Congress – like Senator Jeanne Shaheen (D-NH) and Congresswoman AOC (D-NY) – threatening the Court, saying Roe v. Wade (1973) must be upheld “or else” expect “a revolution.” Such hysteria is bad for America. Simmering down is better. See, e.g., Dems threaten Supreme Court over abortion – their ‘revolution’ will destroy fair, impartial judicial system.

Even if you are pro-abortion, pause to understand six facts. If logic matters, if the binding force of our Constitution prevails, these facts should matter to you.

First, a preemptive rush to delegitimize the Supreme Court – based on the idea that five justices may favor removing the constitutional protection for abortion after 15 weeks – will backfire.

Since 1937, thousands of cases (many liberal) have been decided by the High Court, following the Marbury v. Madison (1803) prerogative to “say what the law is” and Constitution requires. Since 2007 alone, 991 cases have been decided, 76 a year. They cerebrally settled deep disputes.

If we delegitimize the High Court, we delegitimize all cases – countless holdings that evolved by reference to balancing facts and law in the context of precedent. Neither new facts nor old precedents are dispositive. If we dump one for the other, we undermine the rule of law itself.

Second, old precedents have limits – always have. They can outlive their time. The Court takes their best understanding of unchanging words and applies this understanding to new facts, recognizing that “getting it right” includes assuring some predictability.

That said, a precedent legally wrong is often overturned in favor of wider understanding. Thus, the 1896 case of Plessy v. Ferguson, upholding racial segregation on “separate but equal” was overturned – on moral and legal grounds by Brown v. Board of Education, in 1954 – christening the Civil Rights movement.

While the two cases were 58 years apart, Plessy had to go, Brown governed. The precedent could not prevent the progress or divert from moral review. The prior miscarriage of justice could not stand.

Roe v. Wade has stood for fewer years than Plessy did. Nothing in law, as lawyers know, prevents the Supreme Court from reexamining law in the context of changes. If it did, Plessy would stand.

Third, the central premise of Roe v. Wade – that abortion was determined by trimester and somehow protected constitutionally – was shaken in 1992. In Planned Parenthood v. Casey, the Supreme Court kicked the legs out from under Roe’s reasoning.

In that case, a complex mish-mosh of majority, concurrences, and dissents, divided across the opinion, ended the idea of abortion rights pinned to trimester, threw out “strict scrutiny,” invented “viability” at 24 weeks.

In other words, abortions already can be constitutionally restricted after “viability,” without offending the Constitution. This can be done so long as no “undue burden” on the “life or health” of the mother. A state interest is recognized in protecting pregnant women and unborn children.

So, why are we here? Because Casey‘s ruling, which narrowed Roe’s “constitutional right,” was a messy case, which has led to many interpretations. Liberals resist the idea that states have an interest – which supersedes any abortion interest – in protecting unborn children.

In other words, liberals want to keep the right to abort the child – and make it a federally guaranteed constitutional right – at any time, which is not what the Casey plurality said, co-written by the first female Supreme Court Justice, Reagan appointee, Sandra Day O’Connor.

Fourth, easily misunderstood – or easily blurred – is another fact. Reversing Roe v. Wade, or further narrowing the inferred right, as Casey did, does not end a state’s right to permit abortion.

In fact, Democrat-led states, such as New York, have inexplicably pushed the limits, allowing the killing of a child late-term and at birth, something no Supreme Court ever advised. Sadly, misinterpretations, misplaced priorities, and moral ambivalence allowed that development.

Fifth, the Supreme Court is independent. Something more than just distasteful, almost intentionally coercive, attaches to the idea that a politician should rise in the public square, as many leading Democrats are now, and threaten judicial independence.

Upholding one’s oath to the Constitution should mean respecting, not overtly threatening, those who sit on the High Court or that body’s legitimacy within the constitutional framework.

Finally, non-lawyers steeped in political gamesmanship, quick to get personal and apply undue pressure, or animated by the vim, vigor, and vitriol of politics – have no place in the judicial system, a process of dispassionate, juridical review, especially at the constitutional level.

So, if you think about what is at stake, as abortion rights are reviewed on a constitutional basis – the reality is different from what one finds in Congress, or even opinionated town squares.

This is not about who can apply pressure through entreaties, threats, promises, vilification, or preemptive condemnation. Not at all. This is about the rule of law, respect for institutions, and the Constitution, whether we still believe in it. We must, for the Republic’s sake, whatever our political views. Simmering down … is better than threatening “revolution.”


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cheryl
5 months ago

It is totally the women’s responsibility to get on birth control before she engages in sex. End of story

Mario Capparuccini
5 months ago

Becky is right. The communist Democratic Party is interested in tyranny, not the rule of law. When Biden stole the election, conservatives did not revolt. There was no blood in the streets except for what Antifa and their ilk were shedding. Democrats are, for the most part, big, fat cry babies who throw temper tantrums every time they do not get their way. Abortion is an issue to be decided at the state level, and the overturn of Roe will only throw the issue back to the states. Before Roe, there were over one million abortions per year being carried out in liberal states, and after Roe, the liberal states will still carry out abortions, especially in AOC’s godless state.

Larry W.
5 months ago

The Democratic party radicals have figured out how to intimidate others who don’t agree with them by stirring up the mobs.. All of these traitors should be tried and imprisoned for hate speech and anyone who destroys other peoples property should be inprison as well.

Becky
5 months ago

DemonRat Communists detest the ‘Rule of Law’. They want to be the Law.
They will not stop their Communist attacks on America until THEY are stopped.

JJ Johnson-Smith
5 months ago

Who exactly do these rogue Democrats think they ARE?! They have NO right to interfere in a SCOTUS Case and certainly NOT to “Threaten” the SCOTUS Justices! How is that even LEGAL?! The People, you, me, your neighbor, are the ones who hold Ultimate Power in America, and it is time to remind this out-of-control administration of that fact.

HocasPocas
5 months ago

That’s the mentality of aoc and her clan

Richard Minetti
5 months ago

How did you forget Chuck Schumer’s tirade that also threatened the SCOTUS with potential uprisings if the “wrong” verdict came out?

Nona
5 months ago

I always thought you got a felony charge when threatening a judge or court. They need to be charged like anyone else would be.

Judy
5 months ago

These demon imbiciles are doing exactly what they did when all the election fraud cases were being brought before the U.S. Supreme Court. They no doubt threatened the Conservative Justices personally and threatened to reek havoc across the country if they reviewed the proof of voter fraud. The Conservative Justice’s caved.
Will they do it again in the name of protecting our cities from violence? As Christian’s, Justice’s Thomas and Gorsuch, after all their sleepless nights for their last decision, maybe not. And in that case we can expect the American people who are fed up and angry to take a stand against the violence encouraged by anti-American politicians like little Miss Communist, AOC. What would that mean?
A Civil War!
But will the Justice’s just pass the baby buck and leave it to states to decide? I think the latter is what they’ll do. I personally do not have confidence in our judicial system whatsoever. It is tragic what is happening to this country.
May God help us!

Joe M
5 months ago
Reply to  Judy

GOD will help us if we stand against the evil, Satan following, left wing liberals !!
We were given a preview of what could happen to this nation with Obama. Afterward GOD gave us 4 years of how blessed we could be if we turned around.
Sadly, key GOP leaders worked against Trump and most of the good he did was by executive order……which this godless regime has overturned !! Now, I believe,
GOD is showing us exactly how bad it can get if we don’t call on Him and remove
R v W !! IT IS TIME TO STOP MURDERING BABIES IN THE WOMB !!! If Republicans ever get another chance to lead ….
I pray they don’t blow it !!!!!

Philip Hammersley
5 months ago

The TRINITY decision in the late 1800s was studied for years by SCOTUS, unlike a few months today, and they declared that we are “a Christian nation.” The Court in the 1960s ignored that precedent and stripped our schools of prayer and Bible reading and then Anthony Kennedy stripped the schools of displays on the Ten Commandments, even though they appear in SCOTUS chambers! Liberals will freely ignore precedent if it furthers their godless causes!

Becky
5 months ago

To a Leftist Communist, there is no other God. The State is their God.

Robert
5 months ago

How can anyone be so evil and depraved as to believe that it is acceptable human behavior to premeditatively murder with malice of forethought innocent unborn babies? To add to their maniacal insanity they want to overthrow the government to ensure their continued unfettered genocidal infanticide?

Keith
5 months ago

Why is it that demonrats can call for revolution and not get in trouble?? It’s what they claim happened on January 6th

HocasPocas
5 months ago
Reply to  Keith

They must be special

Joe M
5 months ago
Reply to  HocasPocas

They are special…..they have a special place in Satan’s black heart !!!!

Christoopher J. Paul
5 months ago
Reply to  Keith

Anything is OK until “THEY” get involved!
“THEY” kept the Watergate on the FRONT PAGE until resolved!
“THEY” have SAID nothing about the DOJ and FBI raiding the Offices of Veritas and
the homes of it’s Journalists which resulted in the next day the NYT publishing RAID DOCUMENTS!
This single act should have set the hair of all the mEDIA on fire! WHO IS NEXT? should be shouted from the ROOF TOPS!

Tim Thompson
5 months ago

The fact that these congresspersons can call for a revolution should first and foremost disqualify them from their office in congress. They are calling to destroy our republic that they took an oath to protect and defend. If this isn’t a call to remove these usurpers from office then nothing will ever happen to justify their rebellious actions. AOC is the worst ingrate to hold an office as a congresswoman. She along with her leftist Marxist associates who got elected then became anti American progressive persons who have shone their hate for our country after they themselves have been given all the benefits of freedom and liberty. The abortion decision right or wrong by their thinking does not mean it gives them the right to be against our justice system as a Republic, their responsibility in taking the seats in congress and doing their constitutional obligation to protect it from enemies from within.

Ray
5 months ago
Reply to  Tim Thompson

These so-called congress people sound more Marxist than anything done on Jan 6

Dienna wallace
5 months ago
Reply to  Tim Thompson

Exactly!!!!

pat
5 months ago
Reply to  Tim Thompson

impeachment for traitors and that’s all but about 10 people in office across the nation! agree pure treason

HocasPocas
5 months ago
Reply to  Tim Thompson

The whole problem is that they are the enemies within

Edward
5 months ago

Nobody, especially MARXIST Pieces OS like you two get to “tell” the Supreme Court how to vote on issues before the court!! That’s the way the Constitution works. I realize you don’t believe in or like the constitution, TOO BAD! You are bordering on treason and should be dealt with accordingly.

Bill T
5 months ago

Maxine waters and all of the Marxist lefties verbally assaulted so many on the right during the TRUMP administration turmoil ridden time (actually they told there leftist democrat party members to completely harass and threaten any and all of them! Also look at what there doing to some on there on party for not agreeing with the basically communist build back better rip off of all true American citizens, a welfare state if it’s passed thru. There total hypocrites-and constantly lie about everything. No sorry we didn’t sign up for your tyrannical government takeover.

VikkiC
5 months ago

Strike 3 on Schumer…he needs to go!!

Denise
5 months ago

Amen

RBart
5 months ago

Your priorities seem to have gone awry when the priority of ads overlies the priority of the content.

Don Brinks
5 months ago
Reply to  RBart

I don’t have that issue. Your device is the problem, not AMAC priorities!

Matt Knighton
5 months ago
Reply to  Don Brinks

Ditto!

Texas Resister 64
5 months ago

Roe v Wade actually cited the infamous Dred Scott v.. . case from right before the American Civil War. Perhaps it’s time the Court went back and threw that horrible decision in the wastebin of history as well?

anna hubert
5 months ago

Planned parenthood should teach how not to get pregnant if that happens anyway deal with it within first trimester and shut up about it

Kyle Buy you some guns,and learn how to shoot
5 months ago

I just love AOC. With outburst like hers ,it just shows her ignortance.

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